The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

On August 2013, the chairperson of the I clan (hereinafter referred to as the "I clan") stated that the AD and the J clan (hereinafter referred to as the "J clan") who was the chairperson of the I clan stated that the Defendants did not urge the Defendants to pay the down payment pursuant to the sales contract.

In addition, the Defendants used KRW 500 million received from the victim for a purpose unrelated to the purchase of land, and did not attempt to implement the land sales contract.

In full view of these circumstances, it is sufficient to recognize that the Defendants, even though there was no demand from the said clan to pay down payment, the said clan was immediately demanded by the victim even though the Defendants did not receive the down payment from the said clans around August 22, 2013, and acquired 500 million won by fraud.

Nevertheless, the lower court erred by misapprehending the fact that the Defendants could not be recognized as deceiving the victim.

The summary of the facts charged as to the grounds for appeal is that Defendant A was carrying out a project to create D (hereinafter referred to as “D development project”) as an operator of a stock company C (where the name of the company is indicated, the entry of the “stock company” is omitted), and Defendant B is a person who attempts to purchase the land of the aforementioned project.

around May 22, 2013, the Defendants: (a) purchased the 15,00 square meters of the forest land attached to the clan H and tried to keep D from selling D with the land “F” to the victim G, who was enging the site of the temple in the mutual influence restaurant located in the Pakistan-si, Pakistan; (b) during the period of 3,000 square meters of the D site, the inspection will be allowed; (c) the site price is 1.5 billion won at the time of 1.5 billion won; and (d) around August 22, 2013, the Defendants collected that the victims demanded the land down payment from the clan to receive KRW 500 million for the land down payment from the victim; and (d) on the same day, Defendant B called the victim pursuant to the above mother’s money to enter the clan down payment by the date of the purchase.